Vithanage Erandi Kawshalya Madhushani Jade Times Staff
V.E.K. Madhushani is a Jadetimes news reporter covering Australia.
A Push for “Law and Order” Sparks Debate on Juvenile Justice and Indigenous Disparities
Australia's Northern Territory (NT) recently sparked national and international debate with a decision to lower the age of criminal responsibility from 12 back to 10. This decision has reignited discussions about juvenile justice, especially regarding the high rates of incarceration among Indigenous youth in the NT.
The story of “Thomas,” an Aboriginal teenager who has spent more time in detention than out since he was 13, is emblematic of the cycle of crime and incarceration experienced by many young people in the NT. Following a troubled childhood and loss of his father, Thomas’s brushes with the law have become a series of revolving doors briefly out of detention only to be quickly drawn back in for new offenses. Like Thomas, countless other Indigenous youth have found themselves in similar cycles, often for relatively minor offenses that escalate as they grow older.
An Alarming Rate of Incarceration
The NT leads Australia with the highest rate of incarceration, with over 1,100 people per 100,000 residents currently behind bars more than five times the national average and double that of the United States. Indigenous Australians are disproportionately impacted; although they make up only 30% of the NT’s population, they account for nearly all youth incarcerations. This has placed the NT government’s latest decision under intense scrutiny as advocates argue it will lead to more young children being detained rather than rehabilitated.
Political Campaigning and Public Opinion
The conservative Country Liberal Party (CLP), which took control in the NT after a decisive win in August’s elections, has made “law and order” a core component of its platform. This has resonated with residents who have grown frustrated with crime rates. Sunil Kumar, a Darwin business owner who has experienced several break-ins, voiced support for stricter juvenile laws. “It’s mostly young kids who are doing it they think it’s fun,” he says, adding that he even tried to engage with young people in his area by offering soft drinks. But many in the NT see stricter laws as essential to curbing the crime wave, with some also calling for parental accountability.
Critics, however, argue that the emphasis on juvenile incarceration distorts the reality of crime trends. Despite recent increases in youth crime since COVID-19, data shows that youth crime rates in the NT have halved over the past 15 years. Yet political rhetoric around the issue remains focused on tightening juvenile laws, with policies like “Declan’s Law” named in memory of 20 year old Declan Laverty, who was fatally stabbed by an offender on bail.
While the public was divided on the issue, the CLP’s large parliamentary majority allowed it to pass the legislation easily, reversing a law enacted only a year earlier that had raised the age of criminal responsibility to 12.
A System Deeply Impacting Indigenous Communities
The decision to lower the age of criminal responsibility will primarily affect Indigenous communities, who are already overrepresented in the justice system. Aboriginal elder Aunty Barb Nasir voiced her concerns, noting that young people held in notorious NT youth detention facilities, like Don Dale, face systemic abuse. Aunty Barb described the legislation as failing to give these children hope and opportunity, adding, “We need to always stand for them because they are lost in there.”
Independent politician Kat McNamara also condemned the policy, calling it “irrational, ineffective, and morally bankrupt.” She argues that criminalizing children as young as 10 will not address the underlying social issues causing youth crime.
A Broader National Debate
This policy shift in the NT stands in contrast with trends in other Australian states, where debates have centered on raising the age of criminal responsibility to 14, aligning with UN recommendations. While the Northern Territory now sets its age of responsibility at 10, other countries across Europe generally set it higher. In England and Wales, the age of criminal responsibility is also 10, but in most EU countries, it is set at 14.
NT Chief Minister Lia Finocchiaro defended the decision, suggesting that earlier intervention is key to tackling the root causes of crime. “We have an obligation to the children who have been let down over time and to the residents who deserve to feel safe,” she said.
For those who have grown up in this environment, like Thomas, the system has yet to provide lasting change. Despite spending time in detention, Thomas says that the experience hasn’t deterred him; instead, it has reinforced the cycle he feels trapped in. Organizations like Brother 2 Another, an Aboriginal-led group in Darwin, are stepping in to provide mentorship, training, and support, offering services that have been shown to reduce recidivism but often receive limited funding.
Addressing the Roots of the Issue
Activists and social workers argue that more funding should be directed toward early intervention, education, and community support. Darren Damaso, a youth leader with Brother 2 Another, emphasizes that community-led programs provide the most effective interventions for Aboriginal youth, adding, “Locking these kids up is just reactive.if we want to see change, we need to invest in Aboriginal-led initiatives that address the root causes.”
As part of these efforts, Aboriginal run organizations are working within local schools, offering programs in traditional skills, bush medicine, and the kinship system to reinforce a sense of identity and belonging for young people. Erin Reilly, a director with Children’s Ground, another community-focused organization, emphasizes, “We know the education and health systems don’t work for our people, so we’re centering Indigenous knowledge to strengthen our youth.”
The Broader Impact on Indigenous Youth
Thomas’s story reflects the frustration and hardship that many Indigenous youth experience, as the system prioritizes punishment over rehabilitation. "No one cared. Nobody wanted to listen," he says, pointing to scars on his arms from self harm.
As the national debate over youth crime and justice continues, many argue that the solution lies not in tightening the legal noose but in understanding the circumstances leading children into crime. With a growing coalition of advocates pushing for reform, the question remains: will Australia invest in preventing young people from entering the justice system, or will it continue to rely on incarceration as a short-term fix?
